A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.
A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.
Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.
When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.
In Ohio, a warranty deed is a legal document used to transfer real property with a guarantee from the seller to the buyer that the title is clear of any liens, claims, encumbrances, or other issues. This type of deed includes covenants that assure the buyer of the quality of the title, offering the highest level of protection among property deeds. When a warranty deed is used, it is common for the buyer or the seller to purchase title insurance. Title insurance provides an additional layer of protection by insuring against potential title defects that may not have been discovered during a title search. The title search, typically conducted by a title company or the buyer's attorney, is a thorough examination of public records to confirm the seller's ownership and to identify any potential issues with the title that could affect the buyer's rights to the property. The use of a warranty deed is particularly prevalent in transactions where the buyer is obtaining financing, as lenders often require this type of deed to secure their interest in the property.